Represents a Fortune 500
company on product liability and related claims in matters before the Southern District of New York.
Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses
on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect
on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions
on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact
on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact
on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns
on pension plan assets and the impact of future discount rate changes
on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco
on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted
on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the
Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence
on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments
on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest
on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential
product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new
products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8)
company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across
product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU,
on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted
on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined
company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition
on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger
on the market price of United Technologies» and / or Rockwell Collins» common stock and / or
on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown
liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined
company, to retain and hire key personnel.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent
companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses,
liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or
Products, (b) any User Content you create, post, share or store
on or through the Sites or our pages or feeds
on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or
Products provided to you.
Important factors that may affect the
Company's business and operations and that may cause actual results to differ materially from those in the forward - looking statements include, but are not limited to, increased competition; the
Company's ability to maintain, extend and expand its reputation and brand image; the
Company's ability to differentiate its
products from other brands; the consolidation of retail customers; the
Company's ability to predict, identify and interpret changes in consumer preferences and demand; the
Company's ability to drive revenue growth in its key
product categories, increase its market share, or add
products; an impairment of the carrying value of goodwill or other indefinite - lived intangible assets; volatility in commodity, energy and other input costs; changes in the
Company's management team or other key personnel; the
Company's inability to realize the anticipated benefits from the
Company's cost savings initiatives; changes in relationships with significant customers and suppliers; execution of the
Company's international expansion strategy; changes in laws and regulations; legal claims or other regulatory enforcement actions;
product recalls or
product liability claims; unanticipated business disruptions; failure to successfully integrate the
Company; the
Company's ability to complete or realize the benefits from potential and completed acquisitions, alliances, divestitures or joint ventures; economic and political conditions in the nations in which the
Company operates; the volatility of capital markets; increased pension, labor and people - related expenses; volatility in the market value of all or a portion of the derivatives that the
Company uses; exchange rate fluctuations; disruptions in information technology networks and systems; the
Company's inability to protect intellectual property rights; impacts of natural events in the locations in which the
Company or its customers, suppliers or regulators operate; the
Company's indebtedness and ability to pay such indebtedness; the
Company's dividend payments
on its Series A Preferred Stock; tax law changes or interpretations; pricing actions; and other factors.
A policyholder could find itself in the position of recalling
on its own initiative or being asked by FDA to recall based
on this «reasonable probability» standard, but not being able to satisfy the definition of «accidental contamination» under its specialty policy because it can not prove its
product was W With the frequency of costly
product recalls
on the rise, many
companies have considered purchasing specialty recall coverage to secure coverage for certain recall - related losses that are often excluded from general
liability and property policies.
, and now allows
companies which make add -
on products for football helmets to make their own certification of compliance with the NOCSAE standards
on a helmet model, as long as the certification is done according to NOCSAE standards, and as long as the manufacturer assumes responsibility (in other words, potential legal
liability) for the helmet / add -
on combination.
The long answer is that, it is true that the National Operating Committee
on Standards for Athletic Equipment (NOCSAE) initially decided in July 2013 that modification of helmets with third - party after - market add -
ons, such as impact sensors installed inside a helmet or to its exterior, would be viewed as voiding the helmet manufacturer's certification, and that the certification could only be regained if the helmet was retested by the manufacturer with the add -
on, NOCSAE later issued a press release clarifying that position: Instead of automatically voiding the certification, NOCSAE decided it would leave it up to helmet manufacturers to decide whether a particular third - party add -
on affixed to the helmet, such as a impact sensor, voided its certification of compliance with NOCSAE's standard, and now allows
companies which make add -
on products for football helmets to make their own certification of compliance with the NOCSAE standards
on a helmet model, as long as the certification is done according to NOCSAE standards, and as long as the manufacturer assumes responsibility (in other words, potential legal
liability) for the helmet / add -
on combination.
Subject to the terms of this Agreement, You are granted a limited, nontransferable, royalty - free license to redistribute and sublicense the use of the Programs solely to Authorized End - Users: in object code form only; (ii) as embedded within Your Integrated
Product for internal
company use, hosted applications, websites, commercial solutions deployed at Your Authorized End Users sites, or shrink - or click - wrapped software solutions; and (iii) pursuant to an end user license agreement or terms of use that: imposes the limitations set forth in this paragraph
on Your Authorized End - Users; prohibits distribution of the Programs by Your Authorized End - Users; limits the
liability of Your licensors or suppliers to the maximum extent permitted by applicable law; and prohibits any attempt to disassemble the code, or attempt in any manner to reconstruct, discover, reuse or modify any source code or underlying algorithms of the Programs, except to the limited extent as is permitted by law notwithstanding contractual prohibition.
A shareholder in the Casualty Department, Mark has spent his legal career defending insurance carriers, self - insured
companies and individuals
on a broad array of matters including
products liability, premises
liability, motor vehicle accidents and medical malpractice cases.
Professional Associations Monroe County Bar Association, Member New York State Bar Association, Chairman: Torts, Insurance, and Compensation Law Section (2003 - 2004) NYSBA Automobile
Liability Committee Chairman (1991 - 1995) NYSBA House of Delegates, Delegate (1999 - 2004) New York State Trial Lawyers Association Risk and Insurance Management Society (2007 - present) Council
on Litigation Management (2008 - present); Chairman,
Products Liability Conference (2010 - 2013) New York Editorial Board, Lawyers Cooperative Publishing
Company (1993 - 1995) Defense Research Institute (2000 - present) The National Fire Protection Association, Member The American Society for Metals, Member
Gary Will and Chris Morrison are speakers at Osgoode Continuing Education program, presenting a paper
on «
Product Liability of Pharmaceutical
Companies and Pharmaceutical Litigation Strategies».
California's
product liability laws help to ensure that
companies routinely put safe
products on the market.
Pilar is fluent in English and is a regular speaker at seminars to national and international insurance
companies on topics including
product liability claims, engineering clauses, alternative dispute resolution methods, professional indemnity and the Spanish Insurance Contract Act.
Represented multinational pharmaceutical
company in
product liability litigation in courts across the country and before the Judicial Panel
on Multidistrict Litigation.
He has successfully handled cases involving brain injury, plane crashes, stock fraud, truck wrecks, deadly exposure to negligently manufactured drugs, intoxicated or drug impaired drivers who injure innocent citizens, negligent road construction and maintenance, negligent design or manufacture of machines, explosions and home fires, violation of DOT regulations regarding 18 wheelers, severe burns and scars, negligent installation of hot water heaters, wrongful denial of claims by insurance
companies, sale of alcohol to minors by convenience stores, defective residential or commercial construction, heart attacks at work from overexertion, defective airbags, wrecks caused by trucks that exceeded size and weight limits, nursing home abuse,
product liability, unrelenting pain from
on - the - job injuries, and numerous other cases where the injuries were so severe that the person died or became totally disabled.
Led by co-founders and senior partners Mary Quinn Cooper and William S. Leach, ECSL specializes in commercial litigation,
products liability, class actions and complex civil litigation
on a regional and national level for clients ranging from small privately owned
companies and government entities to Fortune 100
companies.
David's practice is focused
on the vigorous defense of
companies, cities, towns, and individuals involved in
products liability, toxic torts, professional
liability, and environmental disputes.
So if you are making a claim against a pharmaceutical
company, for example, it helps to know that the Missouri
product liability law firm is able to take
on defective drug cases.
As a former partner in a civil litigation defense firm, David defended various Fortune 500
companies in both personal injury and commercial litigation, with an emphasis
on product liability and trucking cases.
Prior to joining Lewis Wagner, Meghan was an associate in the New York firm Traub Lieberman Straus & Shrewsberry's insurance coverage group, where she represented insurance
company clients in insurance coverage litigation, and advised insurers
on exposure and
liability issues in wide array of tort and commercial contexts, including mass tort and class action litigation involving pharmaceuticals, chemical, transportation, news and entertainment, and oil and gas; environmental suits; FDA compliance claims; unfair competition and false advertising claims; intellectual property claims; construction defect; personal injury;
product liability; and associated breach of contract claims.
The firm will also take
on cases regarding
product liability and will go up against insurance
companies and defendants in motorcycle accidents.
His
product liability experience is broad, but his practice has been focused
on pharmaceutical
products and claims against energy
companies, especially claims relating to fuel gases.
Amicus Brief
on behalf of
Product Liability Advisory Council, Bartlett v. Mutual Pharmaceutical
Company, Inc., 1st Cir.
Amicus Brief
on behalf of
Product Liability Advisory Council, Iannacchino v. Ford Motor
Company, 451 Mass. 623 (2008)(arguing that person is «injured» under Mass..
Written by John A. Day, Civil Trial Specialist, 2012 Best Lawyers Bet - the -
Company Litigation Lawyer of the Year for Nashville and 2012 Best Lawyers in America listed in Personal Injury, Medical Malpractice,
Products Liability, Commercial and Bet - the -
Company Litigation, Day
on Torts identifies more than 300 Tennessee tort law subjects and provides summary of the leading case
on each subject to give you a quick, readable synopsis of current state of the law.
Napa Home & Garden, which sold fire pots and candle fuel, said mounting
liabilities from a
product recall and injuries allegedly caused by one of its
products, forced the
company to file for bankruptcy
on July 5 in Atlanta.
Julie is committed to helping her clients fight back against big corporations and pharmaceutical
companies, and focuses
on medical malpractice,
product liability and personal injury, though she also has experience with commercial litigation and class actions.
He advises large national corporations
on complex litigation in the areas of
product liability defense, mass tort defense, class action and multidistrict litigation, as well as regional
companies and locally owned concerns, in court cases in both state and federal systems.
Never try to deal with insurance
companies on auto
product liability claims without getting legal representation or you may be offered a settlement that is ridiculously low or your claim denied altogether.
Read our
Product Liability Litigation eNewsletter to keep abreast of current legal issues that impact both public and private
companies on a local, regional and global basis.
Our clients range from small
companies to Fortune 50
companies, which underscore the value
companies place
on the expertise of the attorneys in the
Products Liability Practice Group.
Vinson & Elkins» San Francisco office focuses
on bet - the -
company litigation disputes and investigations in the areas of government investigations, antitrust, securities, complex commercial litigation, environmental, complex
product liability, class actions, and intellectual property litigation.
Garrison filed a
product liability lawsuit against the
company Union Carbide, because they failed to put any kind of warning label
on the
product.
Steven J. Boranian is a partner in Reed Smith's San Francisco office, where he focuses his practice
on representing drug and medical device
companies in
product liability and other kinds of litigation.
Jennifer M. Voss litigates complex, high - stakes matters for Fortune 500
companies, concentrating
on product liability, tort, commercial litigation and legal malpractice defense.
Employees might even inadvertently expose a
company to
products liability with seemingly innocuous commentary
on Twitter.